Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 2 Amendments arising out of harmonisation of court rules
(see s 3)
Part 2.1 Administration and Probate Act 1929
[2.1] Section 5 (1), definition of deputy registrar
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[2.2] Section 5 (1), definition of registrar
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"registrar" means the registrar of the Supreme Court.
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the Supreme Court must not grant the relief sought unless it has made a finding about the domicile of the deceased person at the time of death.
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lodged with the registrar
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filed in the Supreme Court under the rules
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(3) If a caveat against the distribution of an estate has been filed in the Supreme Court in accordance with a notice under subsection (1) (e) and the caveat is in force under the rules—
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lodged
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filed
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(4) Despite the filing of a caveat in the Supreme Court in accordance with subsection (1) (e), the court may, on application under subsection (3) (b), make an order authorising the executor or administrator of an estate to distribute the estate among the people entitled to it.
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(3) The Supreme Court must not grant administration of an intestate estate to a person mentioned in subsection (1) (e) if there is anyone else to whom administration may be granted under this section who—
(a) in the court's opinion, can be trusted with administration of the estate; and
(b) applies to be granted administration of the estate.
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20 Renunciation or non-appearance by executor
(1) This section applies if—
(a) the person appointed executor by a will renounces probate of the will; or
(b) the person appointed executor by a will survives the testator but dies without having taken out probate of the will; or
(c) an application is made in the Supreme Court under section 25 (Failure of executor to prove will) in relation to the person appointed executor by a will and the person does not file in the court a notice of intention to respond or defence within the time required by the rules.
(2) The person's rights as executor of the will cease, and the representation of the testator and the administration of the testator's estate are taken, without further renunciation, to devolve as if the person had not been appointed executor.
20A Renunciation etc by person appointed both executor and trustee of will
(1) If section 20 (1) (a) or (c) applies to a person who is appointed by a will both executor and trustee, the person is taken to have disclaimed the trust contained in the will.
(2) If—
(a) section 20 (1) (a), (b) or (c) applies to a person who is appointed by a will both executor and trustee, and administration with the will annexed is granted to a trustee company; or
(b) a person appointed by a will both executor and trustee authorises a trustee company to apply for administration with the will annexed, and administration with the will annexed is granted to the trustee company;
the trustee company is taken, because of the grant of administration and without any further appointment, to be appointed trustee of the will in the person's place.
(3) In this section:
"trustee company"—see the Trustee Companies Act 1947 , dictionary.
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25 Failure of executor to prove will
(1) This section applies if the person named as executor in a will—
(a) fails to prove the will or renounce probate within 3 months after the later of the following:
(i) the date of the testator's death;
(ii) the date the executor turns 18 years old; or
(b) is unknown or cannot be found.
(2) The Supreme Court may, on application under the rules, make an order for administration of the estate, and any other orders, the court considers appropriate.
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rescission
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revocation
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rescinded
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revoked
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rescind
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revoke
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rescission
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revocation
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rescission
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revocation
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unrescinded
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unrevoked
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or rescinded
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, in the prescribed form,
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58 Examination and passing of accounts etc
(1) The rules may require—
(a) the executor or administrator of the estate of a deceased person to file an inventory of the estate; and
(b) accounts of the executor or administrator of the estate of a deceased person to be examined and passed.
(2) The Supreme Court may, by order, require—
(a) the executor or administrator of the estate of a deceased person to file an inventory of the estate; and
(b) accounts of the executor or administrator of the estate of a deceased person to be examined and passed.
(3) An order of the Supreme Court passing an account of the executor or administrator of the estate of a deceased person—
(a) is evidence of its correctness; and
(b) operates, after the end of 3 years after the date of the order, to release the executor or administrator.
(4) However, subsection (3) (b) does not apply to an account as far as someone interested in the estate shows that an error or omission or fraudulent entry has been made in the account.
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or rescinded
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70 Executors etc may be allowed commission
The Supreme Court may allow out of the assets of a deceased person to the person's executor, administrator or trustee the commission or percentage for his or her services that is just.
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(4) If the net value of the estate is more than $4 000, a solicitor may give a bill of costs for the solicitor's work to the executor or administrator and have it assessed under the rules.
(5) If the net value of the estate is not more than $4 000, the Supreme Court may, if a solicitor's work has been of exceptional length or difficulty, give leave for the solicitor to have a bill of costs for the work assessed under the rules.
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(7) If subsection (4) or (5) applies, the costs as assessed under the rules, and no more, are payable out of the estate.
(8) If a bill of costs is assessed under subsection (4) or (5) and the amount of the bill (excluding the costs of having it assessed and the amounts mentioned in subsection (3)) does not, after assessment, exceed the amount that would otherwise have been payable under subsection (1), the costs of having the bill assessed are payable by the solicitor.
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(c) a caveat is not in force under the rules in relation to the estate; and
[2.30] Section 80 heading, note
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(2) On application by a relevant person, the Supreme Court may order that the probate, administration or order be sealed with the seal of the court.
[2.32] Sections 80A, 81 and 82
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shall deposit the will with the registrar
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must file the will in the Supreme Court
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in the office of the registrar
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in the Supreme Court
[2.35] Section 87C (6) and (8)
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shall, forthwith, file in the office of the registrar
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must file in the Supreme Court
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(2) The Supreme Court may, in any case—
(a) require the public trustee to give the notices, produce the evidence, or do anything else, the court considers appropriate before granting the order applied for; or
(b) make a temporary order for collection or protection only or a temporary order limited to a part of the estate or otherwise.
(3) In this section:
"partner", in relation to a deceased person, has the same meaning as it has in part 3A (Intestacy) in relation to an intestate.
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(2) An application for a grant under subsection (1) must be served on the public trustee in accordance with the rules.
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on affidavit
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, within 2 days after the date of service of the order,
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96 Orders on complaints under s 95
(1) On the hearing of a complaint under section 95, the Supreme Court may make any order that it considers just.
(2) To remove any doubt, an order under subsection (1) has effect, and may be enforced, as if it had been made by the Supreme Court in a proceeding between the parties to the complaint.
[2.41] Section 97A (2) and (3)
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Part 10 Transitional
150 Things done by registrar of probates etc
(1) Anything done before the commencement of this section under this Act or another territory law by or in relation to the Registrar of Probates or a Deputy Registrar of Probates is taken, after the commencement of this section, also to have been done by the registrar of the Supreme Court.
(2) Anything done before the commencement of this section under this Act or the Wills Act 1968 by or in relation to the registrar or deputy registrar of the Supreme Court is taken also to have been done by the Registrar of Probates.
(3) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
(4) This section expires 6 months after the day it commences.
Part 2.2 Administrative Appeals Tribunal Act 1989
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46 Appeals from tribunal to Supreme Court
(1) A party to a proceeding before the tribunal may appeal to the Supreme Court on a question of law from a decision of the tribunal in the proceeding.
(2) The appeal may be brought only with the Supreme Court's leave.
Note See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers), r 5072 (Appeals to Supreme Court—time for filing application for leave to appeal) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
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Part 2.3 Administrative Decisions (Judicial Review) Act 1989
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(3) In this section:
"review" includes—
(a) a review by way of reconsideration, rehearing or appeal; and
(b) the grant of an injunction; and
(c) the making of a prerogative order, declaration or other order.
Part 2.4 Adoption Act 1993
[2.48] Section 4 (1), definition of file
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(a) was under 18 years old on the day the application was filed in the court; or
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22 Notice of application for adoption order
(1) An adoption order must not be made unless the applicants have, not later than 28 days before the return date for the application, served written notice of the application and its return date on—
(a) anyone whose consent to the adoption is required but whose consent has not been given; and
(b) anyone whose consent is not required but with whom the child lives or who has guardianship or custody of the child.
(2) On application, the Supreme Court may dispense with the requirement to serve notice under subsection (1).
(3) If it appears to the Supreme Court to be necessary in the interests of justice, the court may, on application or its own initiative, direct that notice of an application for an adoption order and its return date be served on anyone.
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(5) A discharging order must not be made unless the applicant has, not later than 28 days before the return date for the application, served written notice of the application and its return date on each person whose consent to the adoption was required.
(6) On application, the Supreme Court may dispense with the requirement to serve notice under subsection (5).
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31 Revocation of consent
(1) A person who consents to the adoption of a child may revoke the consent only by filing a notice of revocation in the Supreme Court before the end of—
(a) 30 days after the day the instrument of consent is signed; or
(b) if before the end of the 30-day period the person files in the Supreme Court a notice stating the person needs further time—14 days after the end of the 30-day period.
(2) A period applying under subsection (1) may not be extended.
(3) Subsection (2) has effect despite the Legislation Act, section 151C (Power to extend time).
(4) The registrar of the Supreme Court must tell the chief executive in writing about a notice filed under subsection (1).
(5) When the period within which a person's consent to the adoption of a child may be revoked ends, the chief executive must tell the person in writing.
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41 Amendment of adoption condition
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varied or revoked
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amended
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vary or revoke
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amend
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A variation
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An amendment
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(a) if the condition is omitted; or
Part 2.5 Animal Diseases Act 2005
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(b) is not subject to a prerogative order or injunction in any court.
Part 2.6 Bail Act 1992
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writ of habeas corpus
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habeas corpus order
Part 2.7 Children and Young People Act 1999
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(b) is not subject to a prerogative order or injunction in any court.
Part 2.8 Civil Law (Wrongs) Act 2002
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107J Including non-party concurrent wrongdoer
(1) In a proceeding in a court involving an apportionable claim, any number of people may be included as defendants.
(2) However, a person may be included as a defendant only with the court's leave.
(3) The court must not give leave for a person to be included as a defendant if the person was a party to a previously concluded proceeding in relation to the claim.
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court or tribunal
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tribunal
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court or tribunal
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tribunal
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195 Referral by tribunal for mediation or neutral evaluation
[2.68] Section 195 (1) and (2)
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court or tribunal
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tribunal
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[2.70] Sections 197, 198 (1) and 199 (1)
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court or tribunal
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tribunal
Part 2.9 Commercial Arbitration Act 1986
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an action
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a proceeding in the court
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tax
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assess
[2.73] Section 34 (1) (c) and (2)
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taxed
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assessed
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taxable in
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assessed by
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35 Assessment of arbitrator's or umpire's fees or expenses
[2.76] Section 35 (1) (b) and (2)
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taxed in
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assessed by
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taxation
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assessment
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taxed
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assessed
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on taxation
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by the assessment
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vary
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amend
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varied
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amended
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(2) An application under subsection (1) must not, except with the leave of the court in which the proceeding is started, be made after the applicant has filed pleadings or taken any other step in the proceeding other than the filing of a notice of intention to respond or defence.
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Part 2.10 Consumer and Trader Tribunal Act 2003
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51 Appeals from tribunal to Supreme Court
(1) A party to a proceeding before the tribunal may appeal to the Supreme Court on a question of law from a decision of the tribunal in the proceeding.
(2) The appeal may be brought only with the Supreme Court's leave.
Note See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers), r 5072 (Appeals to Supreme Court—time for filing application for leave to appeal) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
Part 2.11 Consumer Credit (Administration) Act 1996
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94 Appeals from tribunal to Supreme Court
(1) A party to a proceeding before the tribunal may appeal to the Supreme Court on a question of law from a decision of the tribunal in the proceeding.
(2) The appeal may be brought only with the Supreme Court's leave.
Note See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers), r 5072 (Appeals to Supreme Court—time for filing application for leave to appeal) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
Part 2.12 Contractors Debts Act 1897
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or originating summons
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, in the application, prove on oath or affidavit
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prove
Part 2.13 Court Procedures Act 2004
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and enrolment
[2.89] Section 13 (1) (a) (iii)
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(iii) the assessment of costs;
relocate to Evidence (Miscellaneous Provisions) Act 1991 as part 6 and renumber sections 53, 54 and 55 as sections 90, 91 and 92
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Part 6 Procedural provisions—all proceedings
53 Application—pt 6
This part applies to all proceedings in the Supreme Court or Magistrates Court.
54 No distinction between court and chambers
The business of a court, wherever it is conducted, is taken to be conducted in court.
Part 7 Procedural provisions—civil proceedings
60 Application—pt 7
This part (other than section 63) applies to a civil proceeding in the Supreme Court or Magistrates Court.
Note Section 63 (Receivers) applies only to a civil proceeding in the Supreme Court.
61 Counterclaims and third parties
(1) In a proceeding in the court, the defendant is entitled to relief (whether at law or in equity)—
(a) against the plaintiff, if the relief claimed would have been granted to the defendant if the defendant had started a separate proceeding against the plaintiff; or
(b) against someone other than the plaintiff, if—
(i) the relief claimed relates to the subject matter of the proceeding; and
(ii) the person is served with written notice of the claim; and
(iii) the claim would have been granted to the defendant if the defendant had started a separate proceeding against the person.
(2) If a person is served with a notice mentioned in subsection (1) (b) (ii), the person is taken to be a party to the relevant proceeding with the same rights as if the defendant had started a separate proceeding against the person.
62 Injunctions
(1) At any stage of a proceeding, the court may grant an injunction (interlocutory or otherwise) on the conditions the court considers appropriate if the court considers it appropriate to do so.
(2) Without limiting subsection (1), the court may grant an injunction to restrain any threatened or apprehended waste, trespass, breach of contract or other injury.
(3) Subsection (2) applies in relation to a threatened waste or trespass to land whether or not—
(a) the person against whom the injunction is sought claims any title to the land; or
(b) that person is in possession of the land; or
(c) the estates claimed by both or either of the parties are legal or equitable.
63 Receivers
(1) This section applies only to a civil proceeding in the Supreme Court.
(2) At any stage of the proceeding, the court may appoint a receiver if the court considers it appropriate to do so.
(3) The appointment may be made on the conditions the court considers appropriate.
64 Rules of practice and procedure—judicial discretion
In a proceeding, if no provision about a matter of practice or procedure of a court is made under this Act or another territory law, the court may give the directions about practice and procedure that it considers appropriate.
65 Appearance by lawyer
A party to a proceeding in a court may appear before the court either personally or by a lawyer.
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Part 12 Transitional—rules of court
500 Transitional regulations
(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the making of rules under this Act or the amendments made by the Justice and Community Safety Legislation Amendment Act 2006 , schedule 2.
(2) A regulation may modify this part (including its operation in relation to another territory law) to make provision in relation to anything that, in the Executive's opinion, is not, or is not adequately or appropriately, dealt with in this part.
(3) A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
501 Construction of outdated references
(1) In an Act, statutory instrument or document, a reference to the Supreme Court Rules 1937, the Supreme Court (Admission of Legal Practitioners) Rules 1998 , the Supreme Court (Corporations) Rules 2003 , the Magistrates Court Rules 1932 or the Magistrates Court (Civil Jurisdiction) Rules 2004 is, in relation to anything to which the Court Procedures Rules 2006 apply, a reference to those rules.
(2) In an Act, statutory instrument or document, a reference to a provision of the Supreme Court Rules 1937 , the Supreme Court (Admission of Legal Practitioners) Rules 1998 , the Supreme Court (Corporations) Rules 2003 , the Magistrates Court Rules 1932 or the Magistrates Court (Civil Jurisdiction) Rules 2004 is, in relation to anything to which the Court Procedures Rules 2006 apply, a reference to the corresponding provision of those rules.
(3) In an Act, statutory instrument or document, a reference to anything that is no longer applicable because of the making of rules under this Act or the amendments made by the Justice and Community Safety Legislation Amendment Act 2006 , schedule 2, and for which there is a corresponding thing under the rules or in legislation amended by that schedule, is taken to be a reference to the thing under the rules or in the legislation, if the context allows and if otherwise appropriate.
Examples
1 A ‘notice of motion' is taken to be an ‘application'.
2 A reference to entering an appearance in relation to an originating process in a civil proceeding is taken to be a reference to filing a notice of intention to respond in the court or filing a defence (if the defendant chooses not to file a notice of intention to respond but files a defence).
3 A reference to taxation of costs is taken to be a reference to assessment of costs.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
502 Abolition of old enforcement processes
(1) All writs in aid of enforcement are abolished.
(2) For a law in force immediately before the commencement of this section that expressly or impliedly refers to a writ in aid of enforcement, the reference is taken to be a reference to the equivalent enforcement order under rules made under this Act, if the context allows.
(3) This section does not affect the validity of a writ in aid of enforcement issued before the commencement of this section.
(4) In this section:
"writ in aid of enforcement "includes a writ of capias ad respondendum , writ of capias ad satisfaciendum , writ of elegit, writ or warrant of execution, writ of fieri-facias, writ of ne exeat colonia or a writ subsequent to those writs as a procedure of enforcement.
(5) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
503 Right to claim set-off
(1) The provisions of the Court Procedures Rules 2006 about a defendant being able to rely on set-off as a defence to all or part of a claim made by the plaintiff extend to—
(a) any debt arising under an agreement entered into before the commencement of those rules; and
(b) any other debt arising before the commencement of those rules.
(2) However, the court may order that the provisions mentioned in subsection (1) do not apply to a debt mentioned in subsection (1) (a) if it is satisfied that it would be in the interests of justice to make the order.
(3) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
504 Abolition of distinction between court and chambers
(1) This section applies to the Supreme Court and the Magistrates Court.
(2) The distinction between court and chambers is abolished.
(3) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
505 Application of sch 1 amendments
(1) The amendments of schedule 1 made by the Justice and Community Safety Legislation Amendment Act 2006 have effect in relation to the Court Procedures Rules 2006 SL2006-29 as if those amendments had been made, and were in force, immediately before those rules were made.
(2) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
(3) This section expires 2 months after the day it commences.
506 Expiry—pt 12
This part expires on 1 July 2008.
[2.93] Schedule 1, item 6 (h) and (i)
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(h) confidentiality for mediators, neutral evaluators and expert witnesses;
(i) protection from liability for mediators, neutral evaluators and expert witnesses;
(j) transitional arrangements
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(e) set-off and contribution, including, for example, rights to set-off and contribution;
(f) third-party procedure
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10 Steps in proceedings
steps in proceedings, including, for example, the first step for a defendant in a proceeding
[2.96] Schedule 1, item 12 (d)
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(d) disclosure of experts reports;
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13 Preservation of rights and property
preservation of rights and property, including, for example, the following:
(a) inspection, detention and preservation of property;
(b) injunctions;
(c) for the Supreme Court—receivers and sales of land by court order
[2.98] Schedule 1, item 17 (g) and (h)
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(g) making findings of liability independently of awarding damages;
(h) assessment and awarding of damages, including, for example—
(i) structured settlements, that is, payment of awards of damages otherwise than in lump sum form; and
(ii) awarding damages independently of making findings of liability;
(i) simplifies procedures for certain claims
[2.99] Schedule 1, item 19 (e)
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(e) for the Supreme Court—prerogative orders, including prerogative injunctions and declarations, and the form in which prerogative relief or remedy may be granted;
(f) for the Supreme Court—habeas corpus orders, including the form in which relief by way of habeas corpus may be granted
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for the Supreme
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(1) for the Supreme
[2.101] Schedule 1, item 24 (b)
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(b) proceedings for failure to comply with orders, other than orders to pay an amount;
(c) contempt of the Magistrates Court
[2.102] Schedule 1, new item 24 (2)
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(2) for the Magistrates Court, the power to refer contempt of court to the Supreme Court
[2.103] Schedule 1, item 26 (e)
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Part 2.14 Discrimination Act 1991
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108DB Appeals from tribunal to Supreme Court
(1) A party to a proceeding before the tribunal may appeal to the Supreme Court on a question of law from a decision of the tribunal in the proceeding.
(2) The appeal may be brought only with the Supreme Court's leave.
Note See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers), r 5072 (Appeals to Supreme Court—time for filing application for leave to appeal) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
Part 2.15 Electoral Act 1992
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(c) is not subject to any proceeding for a prerogative order, injunction, declaration or other order in any court on any ground.
(2) In this section:
"decision" includes a failure to make a decision.
Part 2.16 Evidence (Miscellaneous Provisions) Act 1991
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31 Application—div 3.4
This division applies to any proceeding before a territory court other than the Supreme Court or Magistrates Court.
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writ
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order
[2.108] Section 54, definition of criminal proceeding , paragraph (c) and definition of preliminary criminal proceeding , paragraph (c)
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writ
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order
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Part 5 Certain evidence under court rules not admissible
82 Evidence not admissible in court—neutral evaluation
(1) This section applies if, under rules under the Court Procedures Act 2004 (the rules ), the Supreme Court or Magistrates Court has referred a civil proceeding, or part of a civil proceeding, for neutral evaluation.
(2) Evidence of anything said, or of any admission made, in a neutral evaluation session under the rules is not admissible in any proceeding before a court or tribunal.
(3) A document prepared for, in the course of, or because of, a neutral evaluation session under the rules is not admissible in any proceeding before a court or tribunal.
(4) Subsections (1) and (2) do not apply to any evidence or document—
(a) for evidence—if the people attending, or identified during, the neutral evaluation session consent to the admission of the evidence; or
(b) for a document—if the people attending, or identified during, the neutral evaluation session and all the people identified in the document, consent to the admission of the document; or
(c) in a proceeding (including a criminal proceeding) brought in relation to an act or omission in relation to which a disclosure has been made under the rules because an evaluator has reasonable grounds to believe the disclosure is necessary or desirable to prevent or reduce the danger of death or injury to anyone or damage to any property.
(5) In this section:
"neutral evaluation session" includes any steps taken in the course of making arrangements for the session or in the course of the follow-up of the session.
83 Evidence not admissible in court—expert report
(1) This section applies if—
(a) a party to a civil proceeding in the Supreme Court or Magistrates Court (the court ) engages an expert witness; and
(b) the expert witness prepares a report (an expert report ); and
(c) the expert report does not contain an acknowledgment by the expert witness who prepared the report that the expert witness has read the code of conduct for expert witnesses prescribed by the rules under the Court Procedures Act 2004 applying to the expert witness and agrees to be bound by it.
(2) The expert report is not admissible in evidence in the proceeding, unless the court otherwise orders.
84 Evidence not admissible in court—meeting of experts
(1) This section applies if, in a civil proceeding in the Supreme Court or Magistrates Court (the court ), the court directs the expert witnesses in the proceeding to meet—
(a) to identify the matters on which they agree; and
(b) to identify the matters on which they disagree and the reasons why; and
(c) to try to resolve any disagreement.
(2) Unless the court otherwise orders, evidence of anything done or said, or an admission made, at the meeting is admissible at a trial of the proceeding only if all the parties to the proceeding that are active parties under the rules under the Court Procedures Act 2004 applying to the proceeding (the rules ) agree.
(3) However, subsection (2) does not apply to a document produced in accordance with a direction made by the court under the rules that the expert witnesses produce a document for the court's use, identifying—
(a) the matters on which they agree; and
(b) the matters on which they disagree; and
(c) the reasons for any failure to reach agreement on any matter.
85 Evidence not admissible in court—evidence taken in examination
(1) This section applies if—
(a) in a civil or criminal proceeding, the Supreme Court or the Magistrates Court (the court ) makes an order under the rules under the Court Procedures Act 2004 —
(i) for the examination of a person on oath at a place in or outside the ACT (including outside Australia) before a person appointed by the court; or
(ii) for the issue of a commission for the examination of a person on oath at a place in or outside the ACT (including outside Australia); or
(iii) for the issue of a letter of request to a judicial authority of a place outside the ACT (including outside Australia) to take the evidence of a person (or cause it to be taken); and
(b) the person's evidence is taken in an examination held in accordance with the order; and
(c) a party to the proceeding tenders the person's evidence as evidence in the proceeding.
(2) Unless the court otherwise orders, the person's evidence is not admissible if, at the hearing of the proceeding, the court is satisfied that the person is in the ACT and is able to attend the hearing.
renumber as part 7
renumber as sections 100 and 101
Part 2.17 Guardianship and Management of Property Act 1991
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56 Appeals from tribunal to Supreme Court
(1) An appeal to the Supreme Court from an order, direction or decision of the tribunal in an inquiry may be brought by someone—
(a) who appeared, or was entitled to appear under section 36 (1) (Appearance and representation), before the tribunal in the inquiry; or
(b) who, with the tribunal's leave, would have been entitled to appear before the tribunal in the inquiry; or
(c) in relation to whom the order, direction or decision was made.
(2) The appeal may be brought—
(a) on a question of law—as of right; or
(b) on any other question—only with the Supreme Court's leave.
Note See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers), r 5072 (Appeals to Supreme Court—time for filing application for leave to appeal) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
Part 2.18 Health Professionals Act 2004
substitute
67 Appeals from health professions tribunal to Supreme Court
A party to a proceeding before the health professions tribunal may appeal to the Supreme Court from a decision of the tribunal in the proceeding.
Note See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
Part 2.19 Judicial Commissions Act 1994
omit everything before paragraph (a), substitute
60 No proceeding to be brought
A proceeding for an injunction, declaration or prerogative order must not be brought in relation to—
Part 2.20 Land Titles Act 1925
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156 Notice of action
(1) This section applies if—
(a) there is a proceeding against the Territory to recover damages under section 143 (Damages in certain cases) or section 155 (When actions may lie against registrar-general as nominal defendant); and
(b) either—
(i) judgment is given for the defendant; or
(ii) the plaintiff ends the proceeding.
(2) The plaintiff is liable to pay the defendant's full costs of defending the proceeding.
insert
(8) In this section:
"writ of execution" means a writ or warrant of execution after judgment in any court, and includes an enforcement order under the rules under the Court Procedures Act 2004 .
insert
(4) In this section:
"writ of execution" means a writ or warrant of execution after judgment in any court, and includes an enforcement order under the rules under the Court Procedures Act 2004 .
Part 2.21 Leases (Commercial and Retail) Act 2001
substitute
155 Appeals to Supreme Court
A party to a proceeding under this Act may appeal to the Supreme Court on a question of law or fact from a decision of the Magistrates Court in the proceeding.
Note See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
Part 2.22 Legal Profession Act 2006
[2.119] Sections 25 and 81 (2), new note
insert
Note See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
omit
[2.121] Section 207 (3) and (4)
substitute
(3) In an appeal under this section, the parties to the appeal bear their own costs unless the Supreme Court otherwise orders.
Note See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
insert
Note See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
omit
[2.124] Section 249 (5), new note
insert
Note See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
omit
insert
Note See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
[2.127] Section 514 (3) and (4)
substitute
(3) The appointment of a supervisor or manager for a law practice is not stayed by the filing of an appeal, and the supervisor or manager may continue to exercise his or her functions as a supervisor or manager during the appeal proceeding except to the extent that the Supreme Court otherwise directs.
Note See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers).
[2.128] Section 589 (4), new note
insert
Note See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
Part 2.23 Magistrates Court Act 1930
substitute
9B Functions of registrar and deputy registrars
(1) The registrar has power to administer oaths and may exercise the other functions given to the registrar under this Act, another territory law or an order of the court.
(2) Subject to this Act and to any directions of the registrar, a deputy registrar may exercise the functions of the registrar under this Act or another territory law.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and rules (see Legislation Act, s 104).
(3) The exercise of a function by a deputy registrar does not affect the power of the registrar to exercise the function.
(4) In this section:
"territory law" does not include rules under the Court Procedures Act 2004 .
substitute
13 Making of enforcement order after case decided
omit
issue a writ of execution
substitute
make an enforcement order
omit
summons, warrant or writ issued
substitute
summons or warrant issued, or order made,
substitute
16 Order instead of mandamus order
omit
, on affidavit of the facts,
omit
, after due service of the order,
substitute
17C Committal or enforcement order by magistrate on order of court
omit
writ of execution is issued
substitute
enforcement order is made
omit
granting of the committal order or writ,
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making of the committal order or enforcement order,
omit
granted the committal order or writ
substitute
made the committal order or enforcement order
omit
writ of habeas corpus
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habeas corpus order or another order
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certiorari
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certiorari order
omit
, or on a rule or order directed to him or her instead of that writ,
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(b) an enforcement order.
omit
return to a writ of habeas corpus or other writ
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habeas corpus order or another order
omit
issue a writ of execution
substitute
make an enforcement order
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(c) subject to this section, this Act and the rules applying to civil proceedings in the Magistrates Court apply in relation to an enforcement order made under paragraph (b) as if the order had been made in a civil proceeding in the court.
[2.147] Section 166C (4) to (6)
substitute
(4) If—
(a) an enforcement order is made under subsection (2) in relation to a fine; and
(b) before enforcement, the registrar receives a notification mentioned in subsection (3) in relation to the fine;
the registrar must stay the order.
(5) On the stay of the order, the registrar must—
(a) if the amount of the fine has been paid in full—set aside the order; or
(b) if part of the amount of the fine remains unpaid—amend the order to show the amount still unpaid.
(6) If an enforcement order is amended under subsection (5) (b), the order must be enforced in relation to the amount of the fine shown in the order as unpaid.
substitute
194 Enforcement order not void for form only
omit
A writ of execution
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An enforcement order
[2.150] Section 209 (2) (b) (ii)
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informant
substitute
director of public prosecutions
omit
[2.152] Sections 219D and 219E
omit
[2.153] Section 219F (2) (d) (ii)
substitute
(ii) make any other order the Supreme Court considers necessary to decide the matter finally, including a prohibition order or habeas corpus order.
omit
on habeas corpus
substitute
under a habeas corpus order or another order
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224 In cases of certiorari order
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writ of certiorari
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certiorari order
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(1) The notice required by section 222 may be given either before or after the habeas corpus order, certiorari order or other order is made.
omit
writ
substitute
order
omit
writ of habeas corpus
substitute
a habeas corpus order
omit
substitute
(b) an enforcement order has been made; and
omit
writ
substitute
enforcement order
omit
taxed
substitute
assessed
[2.164] Sections 277, 294 to 297 and 299
omit
Part 2.24 Mental Health (Treatment and Care) Act 1994
substitute
141 Appeals from tribunal to Supreme Court
(1) An appeal to the Supreme Court from a decision of the tribunal in a proceeding may be brought by—
(a) someone in relation to whom the decision was made; or
(b) someone who appeared, or was entitled to appear under section 89 (1) (Appearance, representation and use of interpreters), before the tribunal in the proceeding; or
(c) the discrimination commissioner; or
(d) anyone else, only with the court's leave.
Note See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers), r 5054 (Appeals to Supreme Court—stay and reinstatement), r 5072 (Appeals to Supreme Court—time for filing application for leave to appeal) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
(2) The Magistrates Court Act 1930 , section 214 (3) and (4) (Appeals in cases other than civil cases) applies in relation to an appeal under this section as if it were an appeal mentioned in that Act, section 214 (1).
Part 2.25 Occupational Health and Safety Act 1989
substitute
194 Appeals from review authority to Supreme Court
A party to a proceeding before the review authority may appeal to the Supreme Court on a question of law from a decision of the review authority in the proceeding.
Note See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
omit
Part 2.26 Partnership Act 1963
omit
Part 2.27 Plant Diseases Act 2002
substitute
(b) is not subject to a prerogative order or injunction in any court.
Part 2.28 Residential Tenancies Act 1997
substitute
125 Appeals from tribunal to Supreme Court
(1) A party to a proceeding before the tribunal may appeal to the Supreme Court on a question of law from a decision of the tribunal in the proceeding.
(2) The appeal may be brought only with the Supreme Court's leave.
Note See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers), r 5072 (Appeals to Supreme Court—time for filing application for leave to appeal) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
Part 2.29 Royal Commissions Act 1991
substitute
48 No proceeding against commission
A proceeding for an injunction, declaration or prerogative order must not be brought against a commission.
Part 2.30 Supreme Court Act 1933
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(3) In this section:
"registrar" includes a deputy registrar.
omit
a judgment
substitute
an order
[2.174] Section 9 (2) (a) and (b)
omit
judgment
substitute
order
substitute
(3) On an appeal under subsection (2) (a), the court—
(a) must have regard to the evidence given in the proceeding out of which the appeal arose; and
(b) may draw inferences of fact from the evidence; and
(c) may receive further evidence in any of the following ways:
(i) by oral examination before the court or a judge;
(ii) on affidavit;
(iii) by audiovisual link or audio link;
(iv) any other way the court may receive evidence.
(4) On an appeal under subsection (2) (a), the court may confirm, amend or set aside the order of the master and may make any order that in all the circumstances it considers just.
(5) In this section:
"audio link"—see the Evidence (Miscellaneous Provisions) Act 1991 , section 16 (Definitions—pt 3).
"audiovisual link"—see the Evidence (Miscellaneous Provisions) Act 1991 , dictionary.
omit
, subject to this section,
insert
(2) In this section:
"registrar" includes a deputy registrar.
omit
a judgment
substitute
an order
omit
the judgment
substitute
the order
[2.180] Sections 15, 21 and 28
omit
substitute
30 Defence or stay of proceeding instead of prohibition order or injunction
(1) A proceeding in the court must not be restrained by a prohibition order or injunction.
(2) A defence is available in a proceeding in the court if an injunction would previously have been available in a pre-Judicature Act proceeding of the same kind.
(3) However, this section does not prevent the court from ordering a stay in a proceeding in the court.
(4) The court may grant a stay in a proceeding in the court on application by an entitled person.
(5) In this section:
"entitled person", in relation to a proceeding in the court, means a person (whether or not the person is a party to the proceeding) who would have been entitled, in relation to a pre-Judicature Act proceeding of the same kind—
(a) to apply to a court to restrain the prosecution of the proceeding; or
(b) to enforce any order or rule in contravention of which all or part of the proceeding had been taken.
omit
substitute
34B Habeas corpus and prerogative orders
(1) The Supreme Court has power to grant any relief by way of a habeas corpus order or prerogative order.
(2) In this section:
"habeas corpus order" means an order the relief under which is in the nature of, and to the same effect as, relief by way of a writ of habeas corpus.
"prerogative order" means an order the relief under which is in the nature of, and to the same effect as, relief by way of—
(a) a writ of mandamus, prohibition or certiorari; or
(b) an information in the nature of quo warranto .
"relief" includes remedy.
omit
substitute
(a) appeals in relation to the following orders:
(i) orders of the master, except interlocutory orders (see section 9 (Exercise of jurisdiction by master));
(ii) other orders of the court (except orders of the registrar, the Full Court exercising appellate jurisdiction or the Court of Appeal itself);
omit
a judgment
substitute
an order
omit
judgment
substitute
order
insert
(5) In this section:
"registrar" includes a deputy registrar.
[2.189] Section 37H (1), last dot point
substitute
• section 37O (2) (which provides for the enforcement of an order).
[2.190] Sections 37H (3) and 37J (1) (d) and (e)
omit
a judgment
substitute
an order
substitute
(f) including, removing or substituting a party;
substitute
37O Orders on appeal
omit
judgment
substitute
order
substitute
(a) to confirm, reverse or amend the order;
[2.195] Section 37O (1) (b) and (c)
omit
judgment
substitute
order
substitute
(f) to award enforcement of any order, or remit the proceeding to the court constituted by a single judge for enforcement of the order.
substitute
(2) If an order of the Court of Appeal is remitted for enforcement under subsection (1) (f), the court constituted by a single judge must enforce the order of the Court of Appeal as if it were that judge's own order.
omit
decision
substitute
order
substitute
(a) despite any application in the notice of appeal that part only of the order be reversed or amended; and
omit
decision
substitute
order
substitute
(4) An interlocutory order from which there has been no appeal does not prevent the Court of Appeal from making any order on the appeal it considers just.
[2.202] Sections 49, 53A, 54, 55, 56 and 57
omit
relocate to the Court Procedures Act 2004 as section 66
relocate to the Court Procedures Act 2004 as sections 67 and 68
substitute
(4) An order (including an order for costs) made in transitional proceedings is a valid exercise of the court's jurisdiction, and may be enforced accordingly.
omit
[2.207] Dictionary, definition of judgment
substitute
"judgment "includes an order or sentence.
[2.208] Dictionary, new definition of order
insert
"order" includes a judgment, decree, direction or decision.
Part 2.31 Victims of Crime (Financial Assistance) Act 1983
substitute
61 Appeals to Supreme Court
The defendant against whom an order for restitution is made, or the Territory, may appeal to the Supreme Court against the order.
Note See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
Part 2.32 Wills Act 1968
[2.210] Section 4, definition of registrar
substitute
"registrar" means the registrar of the Supreme Court.
substitute
(4) For this section, a marriage is taken to be terminated if—
(a) the marriage ends by divorce under the Family Law Act; or
(b) a decree of nullity is made under the Family Law Act in relation to the marriage; or
(c) the marriage is annulled in accordance with the law of a place outside Australia if the annulment is recognised in Australia under the Family Law Act.
Part 2.33 Workers Compensation Act 1951
omit
Part 2.34 Workers Compensation Rules 2002
insert
Part 14 Expiry of rules
71 Expiry of rules
These rules expire on 1 January 2007.